THE RIGHT TO ALGORITHMIC TRANSPARENCY IN BIG DATA AND ARTIFICIAL INTELLIGENCE

The phenomenon known as Big Data (or "macrodatos", according to the Spanish version of documents of the European Union) that refers to data volume and information that travel and are stored in networks and servers, carries implies numerous impacts both positive and negative in all kinds of rights, including information access and privacy; and, therefore, in principles such as human dignity or the free development of personality. The European Parliament published in 2017 a Resolution on the implications of big data on fundamental rights: privacy, data protection, non-discrimination, security and law enforcement. This Resolution shows that Big Data involves an automated treatment using computer algorithms and advanced data processing techniques, using both data stored and transmitted in continuous flow, in order to generate correlations, trends and patterns; what is known as "big data analytics". In this Resolution, the Parliament presents the need for an algorithmic transparency, since "some cases of big data require the training of Artificial Intelligence [IA] devices such as neural networks and statistical models" to predict behaviours or situations. In this paper, the concept of algorithmic transparency is addressed to generate confidence in Big Data and Artificial Intelligence and for legal security, considering that both can generate defective data, false correlations or biases in their results, affecting fundamental rights.